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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 111454
Experience:  Attorney handling education matters.
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I was recently in a dispute on my campus about keying a car.

Customer Question

Hi, I was recently in a dispute on my campus about keying a car. The campus police told me that if I come forward that it won't affect my record. I told them what happened, and now they're telling me they aren't sure if it will affect my record or not so I'm scared and trying to figure things out
Submitted: 1 year ago.
Category: Education Law
Expert:  Zoey, JD replied 1 year ago.

Hello,

When you ask about your record, are you talking about a possible criminal record, or is this just a campus matter?

Customer: replied 1 year ago.
I'm hoping its kept off of both and that my punishment is to pay damages, but if not then i'm hoping it doesn't become criminal record
Expert:  Zoey, JD replied 1 year ago.

Did the campus police give you Miranda warnings before they asked you to make a statement about the car? Do you have an upcoming hearing on campus? Is the matter being turned over to the prosecutor? In what state is this? Finally, what's the question you wish to ask?

Customer: replied 1 year ago.
No they did not give me Miranda warnings. They haven't said anything about a hearing. They told me detectives would be involved if I didn't come forward but I don't know if they already were. It's in California and my question was is there anything I can do to keep it off of either of my records preferably both (campus and criminal) but if not then at least my criminal one. I have job applications going out and I don't want it showing up and risking my chances
Expert:  Zoey, JD replied 1 year ago.

Thank you. This is more an education law question than a criminal question. I can answer the criminal piece but others can speak more authoratively than I on your rights under California's education statutes when it comes to due process on campus. I'm going to opt out of this and get this question moved to education law.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR.

First of all, do they have video of you doing this?

Second, do they have any witnesses that you did anything to the car?

Customer: replied 1 year ago.
No and no, all they have is potential video of my leaving the parking lot. But I did tell them I did it and thats why i'm freaking out
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

In order to discipline you they need to prove that you actually keyed the car. They would need video of you at the car or a witness that puts you at the car. In order to charge you with a crime, they have to prove beyond a reasonable doubt that you did in fact key the car. Without witnesses or video, they are trying to scare you to admit to the act. If they have no witnesses, video or admissions from you, they have no legal case.

Customer: replied 1 year ago.
I did admit to it though because they said before that they could keep it civil if i came forward early, but now they're saying that that they arent so sure about keeping it civil anymore
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you admitted to the offense, then legally they could use that admission to charge you and at this point you need to make no more statements about it and you need to get a criminal defense attorney immediately. This is your only remaining option based on your last statement.

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